Tension is growing in restive Kashmir over the issue of protection of Article 35A with petition in Supreme Court likely to be heard on August 31. There are voices emerging from both mainstream and separatist camps cautioning that any tinkering with the Article that defines permanent citizens of Jammu and Kashmir will have serious, and disastrous consequences. The joint Resistance Leadership has warned of a mass agitation of hitting and occupying streets if any tinkering with 35A is allowed to take place under a legal garb, the outcomes of which accordingly to the leadership will be entirely on those ” perpetuating such mischievous” ploys against people of J&K. On the other hand Former Chief Minister Mehbooba Mufti has called for a joint front by separatists and mainstream parties to ensure protection of the constitutional provision. This has primarily unified the rest of the people in J&K, that, sense of unity can be seen among the general public of the state.
Article 35A empowers that J&K legislature to define permanent residents of the state. This provision was added to the constitutional ( Application to Jammu and Kashmir) order, 1954, issued by the country’s first President namely, Rajendra Prasad, on 14 May, 1954, in exercise of the powers conferred by the clause(1) of article 370. The J&K constitution, which was adopted on November 17, 1954, defined a permanent resident as a person who was born or settled in the state before May 14, 1954, or who has been a resident of the state for ten years and has ” lawfully acquired” immovable property in the state.
The state of Jammu and Kashmir is already going through political crisis ever since the fall of the government on June 19 and subsequently imposition of the Governor rule.Any tinkering with the article will be seen by people of Jammu and Kashmir as another political betrayal played by the Government of India with J&K. It is in the interests of the state as well as government of India. Now the GOI has changed the Governor of the state, it is seeing as politically motivated move for the particular cause. Apart from mainstream political parties, separatists, youth are also coming to the streets, in safeguarding the Constitutional provision. Let me make it abundantly clear to the rule who are trying to end this special provision of Jammu and Kashmir that, you will see a new mass uprising, if you will abrogate it for your own benefits.
(The author a freelancer writes regularly on current political events and issues concerning contemporary society. His views are personal)
